Untitled Document

Website Terms

WEBSITE TERMS AND CONDITIONS

This web site is provided for your information and for your personal use of its various features. Be aware that your use of the web site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this web site.

1. Ownership and Operation - This web site belongs to Headroom Limited, Inc ("Headroom"). Headroom may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.

2. Agreement to Be Bound - Your use of this web site constitutes your agreement with Headroom to be bound by, and to act in accordance with, these Terms of Use.

3. Continuing Agreement - We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then-current Terms of Use.

4. Ownership and Use of Site Materials - Headroom owns the United States and other intellectual property rights for all of the material on the web site or has a valid right from a third party to use material on the web site. Headroom also owns or has a valid right to use all United States and other copyrights, trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Headroom's copyright and other proprietary rights. The use of any such material on any other web site or computer network without Headroom's written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Headroom, is strictly prohibited.

5. About Headroom - Headroom's mission is to design and sell comfortable and safe pet care products.

6. User Submissions - Certain portions of the web site permit you to post or upload photos, videos, graphics, comments, suggestions, ideas (including product and advertising ideas), and other information, materials, or content created by you (collectively, "User Submissions"). In connection with User Submissions, you agree and warrant that: (i) you will not submit User Submissions that include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the rights granted herein; (ii) neither the User Submissions, nor the use of the User Submissions as permitted in these Terms of Use, will infringe upon or violate the rights of any person or entity or any applicable laws; and (iii) you will not submit User Submissions that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate. By submitting User Submissions to Headroom through this web site, you agree that your User Submissions will become and remain the exclusive property of Headroom, including any future rights associated with your User Submissions, even if these Terms of Use are later modified or terminated.

This means that you disclaim any proprietary rights in such User Submissions, and you acknowledge Headroom's unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Headroom has no obligation to keep your submissions confidential. Although Headroom is under no obligation to review or monitor User Submissions, Headroom reserves the absolute right to do so in its sole discretion. In addition, Headroom reserves the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. You agree that Headroom does not have any obligation to use or respond to any User Submissions.

7. Links to Other Sites - For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by Headroom. Headroom has no control over these web sites and is not responsible for the availability of such web sites. Headroom does not endorse, approve or sponsor, nor is Headroom responsible or liable for any information (or any omission) or content available (or lack thereof) at the linked sites or any products, or other materials on or available from such sites. In addition, Headroom is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such web sites.

8. Contents of the Web Site - Disclaimer - THE MATERIALS IN THIS WEB SITE (INCLUDING ANY GRAPHICS, LINKS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HEADROOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Headroom does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Headroom undertakes no obligation to verify or maintain the currency of such information. In addition, you understand and agree that when using the web site, you will be exposed to User Submissions posted and/or submitted by users. Headroom is not in any manner responsible for the User Submissions, and Headroom does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User Submissions. In addition, Headroom cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the web site. You acknowledge that by providing you with the ability to access and view User Submissions on the web site, Headroom merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Submissions or activities of users on the web site. You acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily those of Headroom or its affiliated or related entities. Certain links in this web site may link you to other sites on the worldwide web. Headroom is not responsible for webcasting or any other form of transmission received from any linked site. Headroom is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Headroom to, or an endorsement by Headroom of, the linked site or any products or services which may be offered there.

9. Operation of the Web Site - Disclaimer - HEADROOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HEADROOM MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT HEADROOM) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE.

10. Limitation of Liability - Under no circumstances shall Headroom be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Headroom shall not be liable even if Headroom or a Headroom authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

11. Limitations as to Paragraphs 8, 9 and 10 - Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Headroom's total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.

12. Postings - Headroom may from time to time monitor or review discussions, chats, blogs, postings, and other transmissions on this web site. However, Headroom is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Headroom will fully cooperate with any law enforcement authorities or court order requesting or directing Headroom to disclose the identity of anyone posting any such information or materials or if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Headroom, its customers or the public.

13. Indemnification - You hereby agree to defend, indemnify and hold Headroom, its subsidiaries and affiliated companies and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney's fees, relating to or arising out of your use of the web site, any use of your User Submissions as permitted in these Terms of Use, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.

14. Availability of Help - This web site may provide a Help file. However, you understand that Headroom is under no obligation to provide any support for the use of the web site.

15. Applicable Law; Jurisdiction - These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Florida, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in Broward County in either the state courts of Florida or the United States District Court for the Southern District of Florida, and you hereby accept and submit to the personal jurisdiction of these Florida courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.

16. Severability - If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

17. No Waiver - No failure on the part of Headroom to enforce any part of these Terms of Use shall constitute a waiver of any of Headroom's rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Headroom nor the reliance of any person on Headroom's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Headroom shall have any legal effect whatsoever.

18. No Legal Effect - The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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